If you are pulled over by police officers on patrol, and they suspect that you are drunk, then they will do anything in their power to get the necessary evidence. This may include being economical with the truth or even threatening you. It's easy to incriminate yourself or complicate your case if you don't know this. However, knowing these three things should help you handle the experience of getting pulled over:
Don't Expect a Reading of Miranda Rights
Being pulled over for a suspected DUI is not the same as being under arrest. At this point, you have just been detained, and the police officers do not have to read you your Miranda rights. They will only read you your rights if they find probable cause to arrest you.
However, this doesn't mean that the officers will not use your words against you in a court of law. In fact, the officers may take advantage of your ignorance and trick you into answering questions that may incriminate you. For example, they may ask you if you have been drinking and whether you feel the effects of alcohol. They may even record your answers. To avoid any chance of incriminating yourself, don't answer such questions.
The Sobriety Tests Are Voluntary
The other thing to note is that the sobriety field tests are voluntary. The police officers may not warn you about this because their interest is to get you to take the tests. However, it's best to avoid them, especially if you have tasted a little alcohol. Even if you aren't drunk and your blood alcohol level is below the permissible limit, you may fail these tests because they are very subjective. Nobody will believe that it is the flashing lights and the fear of a DUI charge that is making you stumble, and not the one glass of wine that accompanied your dinner.
You May Be Threatened With Arrest
In some cases, the officers may threaten to arrest you if you don't "cooperate" with them. However, cooperating with the police should only go as far as furnishing them with necessary details and documents/information such as driver's license, proof of insurance and registration. Therefore, the threats shouldn't faze you because if there is probable cause for arrest, then you will be arrested whether or not you give in to the officers demands.
The whole purpose of a roadside detention is to give the officer an opportunity to get probable cause for arresting you. The probable cause may come in the form of your incriminating words, your failure of the field sobriety tests. You don't have to give them the ammunition to arrest you, too. Be sure to contact a criminal defense attorney, such as one from Davidson Law Center Inc, should your situation escalate.
Share4 August 2015
